Paragraph 27 Recall of decree
A pursuer, at any time within 21 days of the grant of decree absolving the defender under rule 13(3) above, may apply for the recall of that decree by lodging with the sheriff clerk a minute for recall of the decree in form 14.
A defender, at any time not later than 14 days after the execution of a charge or execution of arrestment, whichever first occurs, following on the grant of decree in terms of rule 10(1) or 13(1) above, may apply for the recall of that decree by lodging with the sheriff clerk a minute for recall of the decree in form 14.
A party may apply for recall of a decree in the same small claim on one occasion only.
Where the party seeking recall of a decree is not—
a partnership or a body corporate; or
acting in a representative capacity,
and is not represented by a solicitor, the sheriff clerk shall assist that party to complete and lodge a minute for recall of the decree.
The party seeking recall of a decree shall lodge with the sheriff clerk the sum of £5, when he lodges the minute.
On the lodging of a minute for recall of a decree, the sheriff clerk shall fix a date, time and place for a hearing of the minute; and a copy of the minute together with a note of the date, time and place of the hearing shall be served upon the other party not less than seven days before the date fixed for the hearing by the party seeking recall.
Where the party seeking recall is not—
a partnership or body corporate; or
acting in a representative capacity,
and is not represented by a solicitor, service of the minute shall be effected by the sheriff clerk either by first class recorded delivery post or, on payment of the fee prescribed by the Secretary of State by order, by sheriff officer.
At a hearing under paragraph (6) of this rule, the sheriff shall recall the decree so far as not implemented; and the small claim shall proceed in all respects as if the hearing were a preliminary hearing.
Unless the sheriff orders that the sum of £5 lodged under paragraph
of this rule be repaid to the party who has minuted for recall of the decree, that sum shall be delivered by the sheriff clerk to the other party.
A minute for recall of a decree, when duly lodged and served in terms of this rule, shall have the effect of preventing any further action being taken by the other party to enforce the decree.
On service of the copy minute for recall of a decree, any party in possession of the summons shall return it to the sheriff clerk.